Media and recent cases

Media & Recent cases

Our Lawyers write articles that are published in the international magazine Horse International. Other articles and newsfacts are also published on the websites www.horses.nl and www.horsesinternational.com

Schelstraete Equine Lawyers (EUAEL Alliance Partner) succesfully claims compensation in an indemnification procedure.

By europeanequinelawyers | October 6, 2016

A client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) bought a trailer back in 2013 from a North Irish corporation and resold it to a Macedonian corporation. When the Macedonian buyer wanted to cross the Hungarian-Romanian border the trailer was confiscated now that it was reported stolen at Interpol. The Macedonian buyer held the client liable, which […]

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Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client triumphs at the Court of Zeeland-West-Brabant

By europeanequinelawyers | October 4, 2016

On September the 21st the Court of Zeeland-West-Brabant decided that the plaintiff has been declared inadmissible with regards to the claims against Schelstraete Equine Lawyers (EUAEL Alliance Partner) clients. After the client has been summoned to Court, they submitted a written defence against the claim. One of the crucial statements was that there was no contractual […]

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Court of Middelburg rejects the claim of counter party of Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client regarding the stabling and training of the horse

By europeanequinelawyers | October 3, 2016

A German client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) faced litigation initiated by a Dutch dressage stable that claimed payments regarding the stabling and training of a horse that the German client bought from the Dutch dressage stable. Shortly after the delivery the German client brought the horse back to the stable because the […]

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Court of Limburg rules in favour of client Schelstraete Equine Lawyers (EUAEL Alliance Partner)

By europeanequinelawyers | August 24, 2016

On the 17th of August 2016 the Court of Limburg has made a decision in a case which was brought before Court by a client of Schelstraete Equine Lawyers (EUAEL Alliance Partner). In this case the client purchased a horse, which shortly after the purchase showed dangerous behaviour when the horse was ridden. At a veterinarian examination […]

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Client of Schelstraete Advocaten wins its case at the KWPN Arbitration Committee

By europeanequinelawyers | August 22, 2016

On August 1st 2016 the Arbitration Committee of the KWPN has ruled in favour of Schelstraete Equine Lawyers (EUAEL Alliance Partner). In this case the client of Schelstraete sold a horse. Several months after the sale of the horse the buyer turned to the seller claiming that there was a hidden shortcoming now that the horse […]

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Claim of counter party was rejected due to the wrong party being summoned to court

By europeanequinelawyers | August 18, 2016

In a legal procedure at the Court of Midden-Nederland concerning the sale of a horse Schelstraete has successfully pleaded that her client was not the selling party. On August the 3th 2016 the Court decided to reject the claim of the counterparty. Client was represented in this procedure by Mr. Schelstraete and Mr. Zitman. Read […]

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Claim of counter party was rejected due to the wrong party- Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client- being summoned to court

By europeanequinelawyers | August 17, 2016

In a legal procedure at the Court of Midden-Nederland concerning the sale of a horse Schelstraete Equine Lawyers (EUAEL Alliance Partner) has successfully pleaded that her client was not the selling party. On August the 3th 2016 the Court decided to reject the claim of the counterparty. Client was represented in this procedure by Mr. […]

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Contractor violates duty to warn its customer client of Schelstraete Equine Lawyers’s (EUAEL Alliance Partner), during the construction of an equestrian surface (continuation)

By europeanequinelawyers | August 17, 2016

On January the 29th 2016 AN ARTICLE was published on Schelstraete’s website regarding a legal procedure at the Court of Oost-Brabant on the construction of an Equestrian Surface. In this matter  the Court decided on the 13th of January 2016 in favour of Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client that the contractor violated its duty to warn its […]

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Article Horse International: Consumer protection in europe

By europeanequinelawyers | August 15, 2016

LEGAL  AND VETERINARY JOURNAL: CONSUMER PROTECTION IN EUROPE Mr. L.M. Schelstraete: Active in the fields of company law and equine law.  Within the equine law practice, Luc Schelstraete provides services to Dutch yet often also foreign equine businesses, riders, horse owners and equine authorities. In this edition of Horse International we would like to discuss an interesting case of […]

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Article Horse International: Chinese Equestrianism leaping forward

By europeanequinelawyers | July 25, 2016

Mr. L.M. Schelstraete Active in the fields of company law and equine law. Within the equine law practice, Luc Schelstraete provides services to Dutch yet often also foreign equine businesses, riders, horse owners and equine authorities. Mr Luc Schelstraete and Mr Piotr Wawrzyniak of European-US Asian Equine Lawyers attended the first Sino-European Exchange Seminar on equine […]

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Schelstraete Equine Lawyers (EUAEL Alliance Partner) successfully argues dispute about consumer sale

By europeanequinelawyers | July 24, 2016

On July 16, 2014, the Cantonal Court of Limburg ruled on an interesting case concerning a consumer sale. In this case a professional rider sued  a trading barn because they supposedly sold and delivered a horse that showed defects. In addition, the rider stated that he bought the horse as a consumer and therefore could […]

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Client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) triumph at the Court in Alkmaar

By europeanequinelawyers | July 18, 2016

In September 2013 two clients of Schelstraete Equine Lawyers (EUAEL Alliance Partner) sold a horse. Several months after the sale the buyer notified the clients that the horse which was sold was suffering from thrombosis at the moment of delivery which would make the horse unsuitable for jumping competitions. Our cliënts disputed the aforementioned statement. […]

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Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) cliënts triumphs in a preliminary injunction regarding embryo’s

By europeanequinelawyers | July 16, 2016

Schelstraete Equine Lawyers (EUAEL Alliance Partner) has succesfully represented two buyers of embryo’s in a preliminary injunction against the seller at the Court of Zeeland-West-Brabant. The reason behind the procedure was that the buyers already paid substantial amounts for the embryo’s without receiving all embryo’s. According to the decision of the judge the seller is […]

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Client of Schelstraete Equine Lawyers (EUAEL Alliance Partner), a Dutch seller of three expensive dressage horses, wins again the lawsuit against a foreign buyer.

By europeanequinelawyers | June 16, 2016

In a dispute regarding a purchase of three dressage horses (value 1,8 Million euros) the Court of Den Bosch issued on1 June 2016 its final decision dismissing the buyer’s claims. It must be noted that prior to this law suit the foreign buyer and its stakeholder, a internationally well-known dressage amazon, initiated several proceedings in […]

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Counterparty pays a large sum of money to client of Schelstraete Equine Lawyers (EUAEL Alliance Partner)

By europeanequinelawyers | June 14, 2016

After the purchase of a horse at a Polish auction for Arabian horses in august 2015, client has transported the horse to The Netherlands. Upon arrival the horse showed a shortcoming (navicular disease) making it useless for its initial purpose (show-horse). Client requested legal assistance from Mrs Loeffen, attorney-at-law at Schelstraete Equine Lawyers (EUAEL Alliance […]

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Counterparty pays a large sum of money to client of Schelstraete Equine Lawyers (EUAEL Alliance Partner)

By europeanequinelawyers | June 14, 2016

After the purchase of a horse at a Polish auction for Arabian horses in august 2015, client has transported the horse to The Netherlands. Upon arrival the horse showed a shortcoming (navicular disease) making it useless for its initial purpose (show-horse). Client requested legal assistance from Mrs Loeffen, attorney-at-law at Schelstraete Advocaten. Mrs Loeffen has […]

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Disputes Committee Financial Services awards client Schelstraete Equine Lawyers (EUAEL Alliance Partner) with compensation of its damages

By europeanequinelawyers | May 17, 2016

On October the 9th 2012 a horsetrailer owned by Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client was stolen. The client submitted a request at the insurance company for compensation of the damages suffered, which the insurance company rejected. Legally supported by Mr. B.E.J. Loeffen of Schelstraete Advocaten, the client filed a complaint at the Disputes […]

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Client Schelstraete Equine Lawyers (EUAEL Alliance Partner) wins dispute regarding the Court’s competence for a Dutch buyer who purchased a horse from Northern Ireland

By europeanequinelawyers | May 17, 2016

Schelstraete Equine Lawyers (EUAEL Alliance Partner) represents a Dutch buyer in a dispute with an Irish seller regarding the purchase of an eventing horse. In a judicial procedure before the Court of Gelderland the seller argued that the case should not be judged by a Dutch Court but by a Court in Northern Ireland. This […]

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2016 Shanghai Longines Global Champions Tour – Sino Europe Equine Industry Exchange Seminar

By europeanequinelawyers | May 3, 2016

On thursday the 28th of April, Mr. Luc Schelstraete and Mr. Piotr Wawrzyniak participated in the ‘2016 Shanghai Longines Global Champions Tour – Sino Europe Equine Industry Exchange Seminar’ in Shanghai China. Both equine lawyers were invited to speak about the do’s and dont’s of doing equine business in Europe. The conference was very successful […]

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Schelstraete Equine Lawyers (EUAEL Alliance Partner) has succesfully protested a request for a witness hearing in the U.S.

By europeanequinelawyers | April 6, 2016

In a legal procedure at the court of Gelderland, Schelstraete Equine Lawyers (EUAEL Alliance Partner) is representing a Dutch equestrian firm in a dispute concerning the sale of a horse to a buyer located in the United States. According to the buyer the horse would not live up to the expectations which the buyer may […]

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Article Horse International: Freedom of competition in show jumping and its organisation part 2

By europeanequinelawyers | March 24, 2016

Freedom of competition in show jumping and its organisation part 2 Click here to read the article. Tweet

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Client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) wins case regarding a very ill horse

By europeanequinelawyers | March 24, 2016

Client of Schelstraete Equine Lawyers (EUAEL Alliance Partner), a professional trading stable, purchased a jumping horse from an amateur rider. The horse became very ill within a few days after delivery and after several veterinary examinations on the clinic it appeared that the horse suffered from kidney cancer. The seller of the horse didn’t want […]

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Article Horse International: Preliminary injunction relief

By europeanequinelawyers | March 23, 2016

Preliminary injunction relief Click here to read the article. Tweet

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Article Horse International: Legal duties and liability of an arena constructer and arena requirements

By europeanequinelawyers | March 22, 2016

Legal duties and liability of an arena constructer and arena requirements Click here to read the article. Tweet

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Article Horse International: GCL Decision

By europeanequinelawyers | March 21, 2016

GCL Decision Click here to read the article. Tweet

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US client wins case from Belgian horse dealer concerning the horse’s character

By europeanequinelawyers | February 5, 2016

Our client, a consumer buyer from the US, purchased a showjumper from a Belgian horse dealer. Soon after the horse arrived in the US it started to misbehave and refused to jump. Because of this our client decided to start a legal procedure in front of the Belgian Court in Leuven in order to return […]

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Contractor violates duty to warn its customer during the construction of an equestrian surface

By europeanequinelawyers | January 29, 2016

On the 13th of January 2016 the Court of Oost-Brabant an interlocutory judgment was made on the contractor’s duty to warn when carrying out the agreement. The case was as follows: The client of Schelstraete (“A”), being an equestrian business, gave an assignment to a Belgian firm (“B”) for the construction of an equestrian surface, consisting […]

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Client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) wins case in front of the Hague Court

By europeanequinelawyers | June 19, 2015

On June 17th 2015 the Court rejected the counterparties claims. Our client was summoned by her former business partner who wanted her to return to him a sum of ‘borrowed’ money. He stated that our client lent money from him to buy a horse. However, my client argued in front of the Court that she […]

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Client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) wins case in front of the Dutch Court on May 21st

By europeanequinelawyers | May 24, 2015

Recently the Dutch Court delivered its final judgement in a case concerning  the sale of a horse. In 2009 our client bought a horse. In 2013 (!) the former owner of this horse stated that she did not sell the horse to our client but only leased the horse to her and she claimed the […]

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Buying a horse in England & Wales

By europeanequinelawyers | May 18, 2015

In this article the legal aspects of the purchase of a horse in England&Wales are discussed by Ms. J. Fulton. Click here to read the article. Tweet

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London Client of Beelen Advocaten (EUAEL Alliance Partner) wins short law suit in Belgium in front of the Court of Charleroi

By europeanequinelawyers | May 10, 2015

Together with Mr Katrien Beelen of Beelen Advocaten (EUAEL Alliance Partner), EUAEL was successful in representing a London buyer in order to defend the arrest on horses and bank assets that belong to a horse dealer in Belgium. The buyer annulled the purchase agreement of the show jumper as the horse showed many defects. The […]

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German client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) wins short law suit from Ukrainian plaintiff in front of the District Court of Limburg, the Netherlands dated 1 April 2015.

By europeanequinelawyers | May 8, 2015

The judge of the District Court of Limburg ruled that as Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client (the defendant) had already lifted the arrest on a horse and its passport the plaintiff had no further interest in the judge its interference. For this reason plaintiff’s claim was denied. The complete decision (Dutch available only) […]

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Claims towards Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client rejected by the Court of Den Bosch

By europeanequinelawyers | May 5, 2015

After a long legal procedure, the Court recently put an end to the dispute between two private horse owners. The seller, represented by mr. Loeffen and mr. Schelstraete of Schelstraete Equine Lawyers (EUAEL Alliance Partner), sold a horse to an amateur rider. The buyer argued that after the purchase the horse suffered from a defect (a […]

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Positive turn in Appeal for Israeli client of Schelstraete Equine Lawyers (EUAEL Alliance Partner)

By europeanequinelawyers | April 30, 2015

On 31 March the Court of Appeal in the Hague decided that it is up to the seller– in this case a Dutch trading stable which sold a dressage horse to our Israeli client – to prove that the horse was healthy at time of purchase and was not yet suffering from a chronic tendon […]

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KWPN Arbitration Committee grant’s counterclaim of Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client on April 20th 2015

By europeanequinelawyers | April 22, 2015

An alternative procedure of litigation in front of a district Court is possible for KWPN-members. According to the KWPN Procedural rules its members can bring their claims to the KWPN Arbitration Committee. Part of the debate: Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) client, a former co-owner together with a breeding station of a KWPN approved […]

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Execution of cross-border verdicts

By europeanequinelawyers | March 17, 2015

As of 1 January 2015, the execution of a sentence from an European Union member state in another member state will become simpler and quicker. Execution of cross border verdict to read more about this topic. Tweet

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Horses' rights in sales

By europeanequinelawyers | March 7, 2015

In our legal practice, which is focused completely on equine law, we are offered cases involving the purchase or sale of a horse or pony on a daily basis. In this type of disputes, often it turns out that especially consumer buyers are not always aware what they are getting into, and lack insight in […]

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The Court of Appeal confirms earlier positive judgement for Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) foreign client

By europeanequinelawyers | January 17, 2015

On January 13th 2015, the Court of Appeal Arnhem-Leeuwarden confirmed an earlier positive judgment in a short law suit. The issue involved five horses from our client ‘A’ residing in Saudi Arabia which were trained  by B in England. At some point B moved the horses without permission from England to the Netherlands, where B […]

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Positive drugtest caused by Luzerne?!

By europeanequinelawyers | December 10, 2014

An interesting statement was recently placed on the website of the BHA (www. Britishhorseracing.com): ‘Regarding the finding of the Disciplinary Panel that seven horses which were found to have tested positive for morphine and oripavine should be disqualified from their respective races, but no action be taken against the trainers involved. Jamie Stier, Director of […]

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Horse seized?

By europeanequinelawyers | November 25, 2014

Question On account of a rent arrears the creditor has had my horse seized through a bailiff. As a result I, for example, cannot transport the horse without permission. Is this attachment valid? What measures can I take? Answer European Equine Lawyers When a debtor refuses to pay the rent on time and this creates […]

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Schelstraete Equine Lawyers’s (EUAEL Alliance Partner) clients claim granted in short law suit

By europeanequinelawyers | October 6, 2014

On October 2, 2014, the  Provisional Judge of the District Court of Overijssel (location Almelo) issued a positive judgment in a short law suit. The issue involved five horses from our client ‘A’ residing in Saudi Arabia which were trained  by B in England. At some point B has moved the horses without permission from […]

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Is a vet liable for an injury that happened in the clinic?

By europeanequinelawyers | October 6, 2014

Question: I took my mare to the vet clinic for artificial insemination. In the stable my horse got clamped when lying down and due to this injured her leg. Who is liable in this case and will take over the costs? Answer Schelstraete Lawyers: Before taking a horse to a vet clinic, a treatment contract is signed […]

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Money back due to bad training?

By europeanequinelawyers | September 5, 2014

Question: I have put my four year old horse in training in order to “break” him. I got the affirmation that normally after a month the horse would control the basics (walk, trot, gallop, stop, left and right). After three weeks they still couldn’t really do anything with him so I extended the training period […]

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Client of Schelstraete Equine Lawyers (EUAEL Alliance Partner) wins again in Appeal!

By europeanequinelawyers | August 14, 2014

A client of Schelstraete Equine Lawyers (EUAEL Alliance Partner), (hereafter referred to as ‘A’) was again vindicated by the Court of Appeal on August 5th 2014. The case concerned a swap of two horses between ‘A’ and the counterparty (hereafter referred to as ‘B’ ). In October 2008  ‘B’ offered his horse for sale. ‘A’ was […]

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Competitions and Exonerations

By europeanequinelawyers | August 8, 2014

Dutch equestrian competition organisers frequently use liability exclusions, or so-called exoneration clauses. Prior to competing, participants often are required to sign an exoneration clause, so the organising committee of the event cannot be held liable in case of an accident for any damages suffered by the competitor and/or their horse.  Read the full article here Tweet

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Schelstraete Equine Lawyers (EUAEL Alliance Partner) wins short law suit concerning unlawful seizure on horses

By europeanequinelawyers | August 1, 2014

On July 22 2014, the provisional judge of the District Court of Oost-Brabant gave a positive judgement in a short law suit that a client (hereinafter ‘A’) of Schelstraete Equine Lawyers (EUAEL Alliance Partner) initiated in order to lift the seizure from her horses. Schelstraete Equine Lawyers assists clients with similar problems on a regular […]

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Rider gets compensated for eventing accident

By europeanequinelawyers | June 27, 2014

Organizing committees of Dutch equestrian competitions more than often use exclusions of liability; so-called exemption clauses. By using this, participants declare to agree to these exclusions when they sign up for a competition, so the organizing committee cannot be held liable for any damage that happens to the participant or his horse during the competition. […]

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Why it is important to measure a pony

By europeanequinelawyers | June 26, 2014

Pony or horse? That was the main question which the Judge of the District Court Zeeland-West Brabant was confronted with on February 7, 2014. An Austrian purchaser started this case against a Dutch seller who was represented by Mr. L. Schelstraete of European Equine Lawyers. The issue involved the sale of a pony in mid […]

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